People have voted hoping for justice, says MIM MLA Waris Yusuf Pathan

If one parsed through the mainstream media's coverage in the run-up to the recently concluded assembly elections in Maharashtra, looking for detailed information on candidates fielded by the Majlis-e-Ittehad-ul-Muslimeen (MIM) was like hunting for a needle in a haystack. The Owaisi brothers, especially the younger Akbaruddin, were the cynosure of attention. Accompanying that was what can be mildly termed apprehensive hand wringing about the dangers of the MIM's strident rhetoric, "Muslim identity politics bandwagon" and liberal and progressive Muslim scholars' grave consternation at this turn of events. 

Hence, people in certain circles were familiar with Waris Yusuf Pathan - the criminal lawyer known for taking up cases pro bono, especially those where Muslims seemed to have borne the brunt of prosecutorial vindictiveness, such as the scores of youths who were arrested and had their motorbikes confiscated after the Azad Maidan riots. Or that he lives in a plush residential complex on Bandra's tony Waterfield Road, where he hosts lavish Sehri parties every year. 

But information on Pathan, the winning MIM candidate from Byculla constituency - why he entered politics, or how he garnered 25,314 votes and narrowly sailed past BJP candidate Madhu (Dada) Chavan, and what he promises to bring to the table - has been difficult to come by. 

Here are excerpts from a tête-à-tête with the lawyer-cum-legislator at his flat this Saturday: 

Was this entry into politics, and that too, on an MIM ticket, a conscious choice? And why Byculla? 
I was born and reared in Byculla, and know that locality like the back of my hand. It was only in 1996 that I shifted to Bandra, but that doesn't mean I have become an alien to the plight of the people there, a plight which I also shared once upon a time. 

A political career was not something I had actively considered or pondered upon. The trial courts were my arena as well as tools for seeking justice, not only for members of my own community but all those languishing at the bottom of the pyramid and getting the wrong end of the stick, by the system. 

A few days before the last date for filing of nominations, Asaduddin Owaisi approached me, asking if I would be game to take the fight for justice beyond the halls of court and into the assembly. I hesitantly agreed.

Why this hesitation? Was it because you are a novice or were there some other factors? 
(Smiles broadly) The litigator in me sees what you are driving at, but I shall answer with candour. I was hesitant because there was too little time left for campaigning, especially with a number of festivals and holidays in the interval. And yes, I wasn't very sure of how to reach out to people, especially since Byculla is a large area, with a melting pot of a population. 

As for "other factors", I gather you are hinting at the MIM's reputation, or how it is perceived in general, and whether I did give a thought to my political choice. 

I am conscious of the baggage which comes with an MIM membership, but am not blind to the extensive philanthropic work the party has done in the field of social justice and upliftment of minorities. The schools, colleges and hospitals it runs in Hyderabad and elsewhere- mind you, the benefits are reaped not only by Muslims. Anybody coming from a socially and economically underprivileged background is welcome to avail of the facilities. And this is what guided my decision. Let me emphasise that we work not for the Muslim minority, but minorities. 

But the MIM identifies itself as a "Muslim identity party", and its polarising rhetoric is the subject of widespread criticism. Wouldn't a "secular" party like the Congress or NCP have made for a better choice in the long run?  
It's essential to draw a distinction between "Muslim identity" as portrayed in the media or as the majority regards it as, and what it means to me and how it plays out in politics. 

Let's not be hypocritical about this - cultural identity does determine voting choices - every community does it, because elections are about representation, and people, have legitimate expectations about safeguarding and upholding of their interests, both at individual and community levels. 

So why should "Muslim identity" set off alarms? As a practising Muslim, I am proud of my cultural identity and have no qualms in proclaiming it. Also, there is the "identity" of discrimination - by the legal system, and of course, in the socio-economic and political sphere. Statistics and in-depth studies prove it. So I see no reason to be coy. 

If we were only a Muslim identity party, then why would we field a Dalit candidate, Avinash Gopichand (who came third in that constituency), in an area like Kurla? A Muslim candidate, acting as the vehicle for what the media labels as "Owaisi magic" would have been a better gamble, no? Avoiding the so-called "secular" parties was an easy choice - Muslims are fed up of being treated as a vote bank, with the occasional crumbs and handouts being thrown at them. I'd have none of it. 

But Akbaruddin Owaisi's hate speeches and frequently scabrous rhetoric...
I shall answer this with a straight bat. Yes, some of Akbaruddin Owaisi's speeches could have done with a considerable degree of moderation. After all, incendiary words invite more trouble than they solve. That being said, some of those "hate-speech" cases are sub judice, and the courts should have the last word. But, also note, there are instances galore, when any speech asserting one's Muslim identity or demanding justice for atrocities are immediately branded seditious and anti-national. Why should we take slurs and hate from people like Togadia lying down? Certain situations call for assertive answers, and we shall not shy away... and shall not evade if called to answer in a court of law. 

What was your message to the electorate and how did you go about disseminating it? 
Education, healthcare and justice top my list of priorities. The dwindling number of good, affordable schools in that area, and only JJ and Bombay hospitals where one can seek reliable treatment at a cost which won't burn holes in pockets and erode life's savings...these need urgent attention. More quality nursing homes at least, to start with. 

For justice, my immediate task is to raise funds for bail bonds. There are just too many people, mainly youths, languishing in custody despite being acquitted and discharged by the courts. Poverty leads to further criminalisation. 

Door-to-door campaigns helped, but since Byculla is a working class area, where most of the young lot toil all day, do odd jobs, and return home late at night, I could meet and discuss with them only at night. Over post-dinner tea, when we all huddled over porcelain cups and spoke till the late hours. 

No, not the "chai pe charcha" marketing blitz...it was driven entirely by our limitations (laughs).

Tell us more about how you would go about implementing the access to justice agenda. Some media reports say that you have a composite plan for legal aid in mind?  
Yes, arranging legal aid for a fair trial and proper defence would be my starting point. Too many people - and it's not only Muslims (though their number is significantly high) - suffer because of the acute paucity of good and effective legal representation when charged with offences. And it isn't only the lack of funds... there's a bigger hurdle. Not many lawyers would agree to defend certain categories of people, and this is worrying, apart from being a violation of lawyers' ethics. 

Like those charged with committing acts of terrorism? What can be done against this "categorisation"? 
Yes, of course. Very parochial and flawed conceptions of "patriotism" and "nationalism" gain precedence over giving a man his fundamental right to a fair trial, to which, effective legal representation is indispensable. I am dismayed. There are some lawyers who are committed to justice, but a more coordinated effort is necessary. I am planning to use my good offices, and also appeal to my colleagues at the Bar. 

What about law enforcement agencies? There are glaring flaws, which need to be addressed and remedied.
Without doubt. The rot has set in quite deep... take the DGPs' report to the Home Ministry, for example. Mumbai DGP Sanjeev Dayal's assessment of communal bias in the police is spot on. The rot has set in quite deep, indeed. And the bias has only spread...from communal to caste, to even those who protest against oppressive State policies. 

How would you go about this task? Comporting yourself - will that pay off? 
I am a lawyer first, so reasoning and the law shall always be my first preferences. But the struggle is not merely a legal one, so there would definitely be a time when political agitations would have to be resorted to. Being a firm believer in democratic methods of engagement, I don't have a problem if those agitations are painted as "rabble-rousing" by you-know-who. One can't afford to cower down just out of the fear of being branded as XYZ. At the end of the day, one can, and must, always reason with folks. 

Do you have operational independence? After all, Mumbai isn't Hyderabad...
Rest assured, my party bosses have given me a free hand. Don't ever think the people who have reposed their faith in me are so gullible and distraught as to vote for a "remote-control".